JUDGMENT Arguments heard on M.Cr.P. No. 5289/2001 moved under section 389 of the CrPC. This is a third application. Earlier application seeking the same relief are stated to have been disallowed and rejected on 26.6.1998 and 22.11.1999. The appellant who is sentenced to undergo R.I. of 7 years in addition to a fine of Rs. 1000/- for an offence under section 376(1) of the IPC on 23.9.1995 is in custody since 30.9.1996. Keeping in view the facts and circumstances of the case, in addition to the period of sentence which the appellant has already undergone, it is ordered that the execution of sentence against this appellant shall remain suspended till the disposal of this appeal on his executing personal bond worth Rs. 25,000/- with a surety in the like amount to the satisfaction of the CJM, Sagar for his appearance in his Court or as ordered by this Court. The record of the Sessions Trial is already received. Office to list the appeal for final hearing. C.C. as per rules.